Federal Register - Public User ID Badging

[Federal Register: December 23, 2008 (Volume 73, Number 247)]
[Notices][Page 78726-78727]

To see the complete text access:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr23de08-43

DEPARTMENT OF COMMERCE
Patent and Trademark Office
Public User ID Badging
ACTION: Proposed collection; comment request.

I. Abstract

The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 41(i)(1) to maintain a Public Search Facility to provide patent and trademark collections for searching and retrieval of information. The Public Search Facility is maintained for public use with paper and electronic search files and trained staff to assist searchers. The USPTO also offers training courses to assist the public with using the advanced electronic search systems available at the facility.

In order to manage the patent and trademark collections that are available to the public, the USPTO issues online access cards to customers who wish to use the electronic search systems at the Public Search Facility. Customers may obtain an online access card by completing the application at the Public Search Facility reference desk and providing proper identification. The plastic online access cards include a bar-coded user number and an expiration date. Users may renew their cards by validating and updating the required information and may obtain a replacement for a lost card by providing proper identification.

Under the authority provided in 41 CFR Part 102-81, the USPTO issues security identification badges to members of the public who wish to use the facilities at the USPTO. Public users may apply for a security badge in person at the USPTO Office of Security by providing the necessary information and presenting a valid form of identification with photograph. The security badges include a color photograph of the user and must be worn at all times while at the USPTO facilities.

The USPTO has recently eliminated the $25 fee for the public training courses offered for the online search systems available at the Public Search Facility. There is still a $120 fee for users who request private instruction. The public training fee is being deleted from this collection. The estimated time for completing the user training registration forms has also been reduced from ten minutes to five minutes due to the removal of the payment information from the forms.

Federal Register - Technology/Innovation Medal Application

[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices][Page 76003]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de08-32]
---------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

Agency: United States Patent and Trademark Office (USPTO).

Title: National Medal of Technology and Innovation Nomination Application.
Form Number(s): N/A.
Agency Approval Number: 0651-00xx.
Type of Request: New collection.
Burden: 40 hours annually.
Number of Respondents: 1,600 responses per year.

Avg. Hours per Response: 40 hours. The USPTO estimates that it will take the public approximately 40 hours to gather and prepare the necessary information, and submit the information to the USPTO.

Needs and Uses: The public uses the National Medal of Technology and Innovation Nomination Application to recognize through nomination an individual's or company's extraordinary leadership and innovation in technological achievement. The application must be accompanied by at least six letters of recommendation or support from individuals who have first-hand knowledge of the cited achievement(s).

Affected Public: Individuals or households; business or other for-profit.
Frequency: On occasion.
Respondent's Obligation: Voluntary.

OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas.A.Fraser@omb.eop.gov. Once submitted, the request will be publically available in electronic format through the Information Collection Review page at www.reginfo.gov.

Copies of the above information collection proposal can be obtained by any of the following methods:

E-mail: Susan.Fawcett@uspto.gov. Include ``0651-00xx National Medal of Technology and Innovation Nomination Application copy request'' in the subject line of the message.

Fax: 571-273-0112, marked to the attention of Susan K.Fawcett.

Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Written comments and recommendations for the proposed information collection should be sent on or before January 14, 2009 to Nicholas.A.Fraser@omb.eop.gov or by fax (202) 395-5167, marked to the attention of Nicholas A. Fraser.

Dated: December 8, 2008.

Susan K. Fawcett,Records Officer, USPTO, Office of the Chief Information Officer,
Customer Information Services Group, Public Information Services Division.

[FR Doc. E8-29636 Filed 12-12-08; 8:45 am]
BILLING CODE 3510-16-P

Federal Register - Board of Patent Appeals Rules of Practice

[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Rules and Regulations]
[Page 74972]

To see the complete text access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr10de08-9
=========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 41
[Docket No.: PTO-P-2007-0006]
RIN 0651-AC12
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; delay of effective and applicability dates.
-----------------------------------------------------------------------
SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The final rule states that the effective date is December 10, 2008, and that the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. On June 9, 2008, the Office published a 60-Day Federal Register Notice requesting the Office of Management and Budget (OMB) to establish a new information collection for BPAI items in the final rule and requesting public comment on the burden impact of the final rule under the provisions of the Paperwork Reduction Act (PRA). On October 8, 2008, the Office published a 30-Day Federal Register Notice stating that the proposal for the collection of information under the final rule was being submitted to OMB and requesting comments on the proposed information collection be submitted to OMB. The proposed information collection is currently under consideration by OMB. Since the review by OMB has not been completed, the Office is hereby notifying the public that the effective and applicability date of the final rule is not December 10, 2008. The effective and applicability dates will be identified in a subsequent notice.

DATES: The effective date for the final rule published at 73 FR 32938, June 10, 2008, is delayed, pending completion of OMB review of the proposed information collection under the PRA. The Office will issue a subsequent notice identifying a revised effective date on which the final rule shall apply.

FOR FURTHER INFORMATION CONTACT: Allen MacDonald, Administrative Patent Judge, at (571) 272-9797, or Kimberly Jordan, Chief Trial Administrator, at (571) 272-4683, Board of Patent Appeals and Interferences, directly by phone, or by facsimile to (571) 273-0043, or by mail addressed to: Mail Stop Board of Patents Appeals and Interferences, P.O. Box 1450, Alexandria, VA 22313-1450.

Federal Register Closed Meeting - National Medal of Technology and Innovation

[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Notices][Page 72453]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no08-44]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-C-2008-0056]

National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
AGENCY: United States Patent and Trademark Office.
ACTION: Notice of closed meeting.

-----------------------------------------------------------------------
SUMMARY: The National Medal of Technology and Innovation (NMTI)Nomination Evaluation Committee will meet in closed session on Monday, December 15, 2008. The primary purpose of the meeting is the discussion of relative merits of persons and companies nominated for the NMTI award.

DATES: The meeting will convene Monday, December 15, 2008, at 9 a.m., and adjourn at 1 p.m.

ADDRESSES: The meeting will be held at the United States Patent and Trademark Office, 600 Dulany Street, Alexandria, VA, 22314.

FOR FURTHER INFORMATION CONTACT: Jennifer Lo, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, telephone (571) 272-7640, or by electronic mail: nmti@uspto.gov.

SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the NMTI Nomination Evaluation Committee, United States Patent and Trademark Office, will meet at the United States Patent and Trademark Office campus in Alexandria, Virginia.

The NMTI Nomination Evaluation Committee was established in accordance with the provisions of the NMTI Nomination Evaluation Committee's charter and the Federal Advisory Committee Act. The NMTI Nomination Evaluation Committee meeting will be closed to the public in accordance with section 552b(c)(4), (6) and (9)(B) of Title 5, United States Code, because it will involve discussion of relative merits of persons and companies nominated for the NMTI. Public disclosure of this information would likely frustrate implementation of the NMTI program because premature publicity about candidates under consideration for the NMTI award, who may or may not ultimately receive the award, would be likely to discourage nominations for the award. The Secretary of Commerce is responsible for recommending to the President prospective NMTI recipients. The NMTI Nomination Evaluation Committee makes its recommendations for the NMTI candidates to the Secretary of Commerce, who in turn makes recommendations to the President for final selection.

NMTI Nomination Evaluation Committee members are drawn from both the public and private sectors and are appointed by the Secretary for three-year terms, with eligibility for one reappointment. The NMTI Nomination Evaluation Committee members are composed of distinguished experts in the fields of science, technology, business and patent law.

The General Counsel formally determined on November 21, 2008, pursuant to section 10(d) of the Federal Advisory Committee Act, that the meeting may be closed because Committee members are concerned with matters that are within the purview of 5 U.S.C. 552b(c)(4), (6) and (9)(B). Due to closure of the meeting, copies of the minutes of the meeting will not be available. A copy of the determination is available for public inspection at the United States Patent and Trademark Office.

Dated: November 21, 2008.
Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

[FR Doc. E8-28254 Filed 11-26-08; 8:45 am]

BILLING CODE 3510-16-P

More Trademark Official Gazette Issues Online

The United States Patent and Trademark Office (USPTO) now offers the most recent 52 issues of the Trademark Official Gazette online at http://www.uspto.gov/web/trademarks/tmog/. Previously, only the most current five issues were available.

International Patent Pilot Programs

[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Notices][Page 70625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no08-38]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance of the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

AGENCY: United States Patent and Trademark Office (USPTO).

Title: Patent Prosecution Highway (PPH) Program.

Form Number(s): PTO/SB/10, PTO/SB/12, PTO/SB/20AU, PTO/SB/20CA, PTO/SB/20DK, PTO/SB/20EP, PTO/SB/20JP, PTO/SB/20KR, and PTO/SB/20UK.

Agency Approval Number: 0651-0058.

Type of Request: Revision of a currently approved collection.
...

Needs and Uses: The Patent Prosecution Highway (PPH) pilot program was originally established between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) on July 3,2006. The PPH program allows applicants whose claims are determined to be patentable in the office of first filing to have the corresponding application that is filed in the office of second filing be advanced out of turn for examination. At the same time, the PPH program allows the office of second filing to exploit the search and examination results of the office of first filing, which increases examination efficiency and improves patent quality. Additional PPH pilot programs have recently been established between the USPTO and the United Kingdom Intellectual Property Office (UKIPO), the Canadian Intellectual Property Office (CIPO), the Danish Patent and Trademark Office (DKPTO), the European Patent Office (EPO), the Korean Intellectual Property Office (KIPO), and the Intellectual Property Office of Australia(IPAU).

The USPTO and the JPO also participate in a work-sharing pilot project called the ``New Route.'' Under the New Route framework, a filing in one member office of this arrangement would be deemed a filing in all member offices. The first office and applicant would be given a 30-month processing time frame in which to make available a first office action and any necessary translations to the second office(s), and the second office(s) would exploit the search and examination results in conducting their own examination.

This information collection previously included two forms, Request for Participation in the New Route Pilot Program Between the JPO and the USPTO (PTO/SB/10) and Request for Participation in the Patent Prosecution Highway (PPH) Pilot Program Between the (1) JPO or (2)UKIPO and the USPTO (PTO/SB/20), which may be used by applicants to request participation in the programs and to ensure that they meet the program requirements. Since the PPH program with the JPO has been fully implemented, Form PTO/SB/20 has been revised as Form PTO/SB/20JP for use with the JPO and a separate Form PTO/SB/20UK has been created for the ongoing pilot program with the UKIPO. Similar forms have been created for the PPH pilot programs with the CIPO, the DKPTO, the EPO,the KIPO, and the IPAU. These additional PPH pilot program forms are being added to this collection.

The USPTO is undertaking another worksharing program with the EPO and the JPO called the ``Triway'' program. Under the Triway framework,each Office will conduct searches on corresponding applications filed under the Paris Convention in each of the Offices in a sufficiently early time period. The search results will then be shared among the Offices in order to reduce the search and examination workload. To support this program, the USPTO is adding the Request for Participation in Triway Pilot Program Among the USPTO, the EPO and the JPO (PTO/SB/12) to this collection.

Affected Public: Individuals or households, businesses or other for-profits, and not-for-profit institutions.

Frequency: On occasion.

Respondent's Obligation: Required to obtain or retain benefits.

OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas_A._Fraser@omb.eop.gov.

Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at http://www.reginfo.gov.

Paper copies can be obtained by:

• E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0058 PPH Program copy request'' in the subject line of the message.
  
• Fax: 571-273-0112, marked to the attention of Susan K. Fawcett.
  
• Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Written comments and recommendations for the proposed information collection should be sent on or before December 22, 2008 to Nicholas A. Fraser, OMB Desk Officer, via e-mail at Nicholas_A._Fraser@omb.eop.gov, or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

Dated: November 14, 2008. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division.
[FR Doc. E8-27692 Filed 11-20-08; 8:45 am]
BILLING CODE 3510-16-P

Recommendations for Change in the Worldwide Patent System

The International Expert Group on Biotechnology, Innovation and Intellectual Property has recently published a report entitled Toward a New Era of Intellectual Property: from Confrontation to Negotiation. The group published the report in order "to assist policy-makers, industry, universities, researchers and NGOs in managing the transition from Old IP, under which companies and governments mistakenly believed that holding on to more and greater patents was the key to success, to New IP, in which actors recognise the importance of collaboration and sharing."

Section 5 of the executive summary's recommendations stresses the following for universities and the scientific community:

• 5.1. Universities should establish clear principles relating to
  the use and dissemination of their IP that includes ensuring
  greater access and the use of licensing provisions that make
  it easy to conduct research and development on products
  needed by low and middle income countries.
  
• 5.2. They should develop new measures of the success of
  technology transfer, development and social investment that
  correspond to social and economic return.
  
• 5.3. Business schools should include low and middle income
  country conditions and opportunities in their curriculum and
  should develop programmes through which their students
  can provide business planning assistance to low and middle
  income country entrepreneurs.
  
• 5.4. Universities in high income countries should collaborate
  with those in low and middle income countries to create educational
  opportunities at the doctoral and post-doctoral levels
  through which scientists maintain links with their countries
  of origin and conduct research focused on the needs of
  those countries. Universities in high income countries should
  encourage those of its professors from the Diaspora to assist
  their countries of origin through supervision of students, joint
  research projects, conducting peer review and so on.
  
• 5.5. Researchers should analyse questions of IP within the
  larger context of IP and innovation systems. To do so, they
  should use analytical tools that provide a broader, interdisciplinary
  perspective on IP and innovation.

Federal Register - Changes to PCT Transmittal & Search Fees

[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Rules and Regulations][Page 66754-66759]

Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees


AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
To see the complete text access:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr12no08-13

SUMMARY: The United States Patent and Trademark Office (Office) is amending the rules of practice to adjust the transmittal and search fees for international applications filed under the Patent Cooperation Treaty (PCT). The Office is adjusting the PCT transmittal and search fees to recover the estimated average cost to the Office of processing PCT international applications and preparing international search reports and written opinions for PCT international applications.

DATES: Effective Date:

The changes to 37 CFR 1.445 are effective on January 12, 2009 and are applicable to any international application having a receipt date that is on or after January 12, 2009.

FOR FURTHER INFORMATION CONTACT: Boris Milef, Legal Examiner, Office of PCT Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-3288; or by mail addressed to: Box Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Federal Register - Ex Parte Appeals Clarification

[Federal Register: November 20, 2008 (Volume 73, Number 225)]
[Rules and Regulations][Page 70282]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no08-19]
[[Page 70282]]
======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 41
[Docket No.: PTO-P-2008-0054]
Clarification of the Effective Date Provision in the Final Rule for Ex Parte Appeals
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Interpretation and effective date clarification.

-----------------------------------------------------------------------
SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences(BPAI) in ex parte patent appeals. The effective date provision in the final rule states that the effective date is December 10, 2008, and the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. The final rule requires, in part, appeal briefs in a new format relative to the format required prior to the rule revision. The Office is issuing this notice to clarify that it will not hold an appeal brief as non-compliant solely for following the new format even though it is filed before the effective date.

DATES: This is effective November 20, 2008.

FOR FURTHER INFORMATION CONTACT: Kery A. Fries at (571) 272-7757 or Joni Y. Chang at (571) 272-7720, Senior Legal Advisors, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy directly by phone, or by facsimile to (571)273-7757, or by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

SUPPLEMENTARY INFORMATION: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. See Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Final Rule, 73 FR 32938 (June 10, 2008), 1332 Off. Gaz. Pat. Office 47 (July 1, 2008) (hereinafter ``BPAI final rule 2008''). The BPAI final rule 2008 states that the effective date is December 10,2008, and the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. The BPAI final rule requires, in part, appeal briefs in a new format relative to the format required prior to the rule revision. The Office has received appeal
briefs in the new format under the final rule before the effective date. The Office will not hold an appeal brief as non-compliant solely for following the new format even though it is filed before the effective date.

Accordingly, appeal briefs filed before December 10, 2008, must either comply with current 37 CFR 41.37 (in effect before December 10, 2008) or revised 37 CFR 41.37 (in effect on or after December 10,2008). Appeal briefs filed on or after December 10, 2008, must comply with the revised 37 CFR 41.37. A certificate of mailing or transmission in compliance with 37 CFR 1.8 will be applicable to determine whether the appeal brief was filed prior to the effective date in order to determine which rule applies. For any appeal brief filed in the new format under revised 37 CFR 41.37, the Office will provide an examiner's answer in the new format under revised 37 CFR 41.39 if the appeal is maintained.

Similarly, a notice of appeal filed before December 10, 2008, in compliance with revised 37 CFR 41.31 (in effect on or after December 10, 2008) will be accepted by the Office. Thus a notice of appeal filed before December 10, 2008, must either comply with current 37 CFR 41.31(in effect before December 10, 2008) or revised 37 CFR 41.31 (in effect on or after December 10, 2008), regardless of the date of filing of the appeal brief. However, a notice of appeal filed on or after December 10, 2008, must comply with the revised 37 CFR 41.31 (e.g., the notice of appeal must be signed in accordance with 37 CFR 1.33(b)).

The Office has held a few appeal briefs filed in the new format prior to the publication of this clarification notice non-compliant. Any appellant who has received a notice of non-compliant appeal brief may request that the notice of non-compliant appeal brief be withdrawn if the sole reason for non-compliance is that the appeal brief was presented in the new format.

Dated: November 10, 2008.

Jon W. Dudas,

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

[FR Doc. E8-27357 Filed 11-19-08; 8:45 am]

BILLING CODE 3510-16-P

Federal Register - Trademark Rule Changes

[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Rules and Regulations][Page 67759-67776]
To see the complete text of this Final Rule access:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr17no08-13

Miscellaneous Changes to Trademark Rules of Practice

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (``Office'') is amending the Trademark Rules of Practice to clarify certain requirements for applications, intent to use documents, amendments to classification, requests to divide, and Post Registration practice; to modernize the language of the rules; and to make other miscellaneous changes. For the most part, the rule changes are intended to codify existing practice, as set forth in the Trademark Manual of Examining Procedure (``TMEP'').

DATES: This rule is effective January 16, 2009.

FOR FURTHER INFORMATION: Contact Mary Hannon, Office of the Commissioner for Trademarks, by telephone at (571) 272-9569.

Federal Register - Patent Practitioner Fee

[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Rules and Regulations][Page 67750-67759]

To see the complete text of this Final Rule see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr17no08-12

Changes to Representation of Others Before the United States Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (Office) is
adopting new rules governing the conduct of individuals registered to
practice before the Office. The Office is adopting a new rule that provides for an annual practitioner maintenance fee for those recognized to practice before the Office in patent cases. These changes will enable the Office to maintain a roster of registered practitioners and, consequently, better protect the public from unqualified practitioners. The Office is also making conforming amendments to 37 CFR 1.21.

DATES: Effective Date: December 17, 2008.

FOR FURTHER INFORMATION CONTACT: Harry I. Moatz , Director of Enrollment and Discipline (OED Director), directly by phone at (571) 272-6069; by facsimile to (571) 273-6069 marked to the attention of Mr. Moatz; or by mail addressed to: Mail Stop OED-Ethics Rules, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Federal Register - Financial Transactions Comment Request

[Federal Register: November 10, 2008 (Volume 73, Number 218)]
[Notices][Page 66602-66603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no08-47]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Agency: United States Patent and Trademark Office (USPTO).
Title: Patent and Trademark Financial Transactions.
Form Number(s): PTO-2038, PTO-2231, PTO-2232, PTO-2233, PTO-2234, PTO-2236.
Agency Approval Number: 0651-0043.
Type of Request: Revision of a currently approved collection.
Burden: 49,795 hours annually.
Number of Respondents: 1,647,133 responses per year.

Avg. Hours per Response: The USPTO estimates that it will take the public approximately two to six minutes (0.03 to 0.10 hours) to gather the necessary information, prepare the appropriate form or document, and submit the completed request.

Needs and Uses: Under 35 U.S.C. 41 and 15 U.S.C. 1113, as implemented in 37 CFR 1.16-1.28, 2.6-2.7, and 2.206-2.209, the USPTO charges fees for processing and other services related to patents, trademarks, and information products. Customers may submit payments to the USPTO by several methods, including credit card, deposit account, electronic funds transfer (EFT), and paper check transactions. The public uses this collection to pay patent and trademark fees by credit card, establish and manage USPTO deposit accounts, request refunds, and set up user profiles. The USPTO uses this collection to process credit card payments, handle deposit account requests, issue refunds, and provide user accounts for EFT and other financial transactions.

Affected Public: Individuals or households, businesses or other for-profits, and not-for-profit institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas_A._Fraser@omb.eop.gov.
Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at www.reginfo.gov.
Paper copies can be obtained by:
E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0043 Patent and Trademark Financial Transactions copy request'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K. Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services

[[Page 66603]]

Division, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Written comments and recommendations for the proposed information collection should be sent on or before December 10, 2008 to Nicholas A. Fraser, OMB Desk Officer, via e-mail at Nicholas_A._Fraser@omb.eop.gov, or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

Dated: November 3, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division.
[FR Doc. E8-26697 Filed 11-7-08; 8:45 am]

BILLING CODE 3510-16-P

Federal Register - Amending System of Records

[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices][Page 63135-63138]

See the complete document at:http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr23oc08-40

Privacy Act of 1974; System of Records

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of amendment of Privacy Act system of records.

SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/PAT-TM-18 USPTO Identification and Security Access Control Systems.'' This action is being taken to revise the Privacy Act Notice to include the information necessary for identification [[Page 63136]] cards that meet the standards set by Homeland Security Presidential Directive 12 (HSPD-12) ``Policy for a Common Identification Standard for Federal Employees and Contractors''(August 27, 2004). The system of records will also be renamed ``COMMERCE/PAT-TM-18 USPTO Personal Identification Verification (PIV) and Security Access Control Systems.'' We invite the public to comment on the amended system noted in this publication.

DATES: Written comments must be received no later than November 24, 2008. The proposed amendments will become effective on November 24, 2008, unless the USPTO receives comments that would result in a contrary determination.

ADDRESSES: You may submit written comments by any of the following
methods:

• E-mail: Calib.Garland@uspto.gov.
  
• Fax: (571) 273-6247, marked to the attention of J.R.
  Garland.
  
• Mail: Calib P. Garland, Jr., Director of Security and
  Safety, United States Patent and Trademark Office, 551 John Carlyle
  Street 1A21, Alexandria, VA 22314.
  
• Federal Rulemaking Portal: http://www.regulations.gov.

All comments received will be available for public inspection at the Federal rulemaking portal located at www.regulations.gov and on the USPTO Web site at www.uspto.gov.

Federal Register - Public Key Infrastructure (PKI) Certificate Action Form

[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices][Page 63134-63135]
See the complete comment request at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr23oc08-39
Public Key Infrastructure (PKI) Certificate Action Form
ACTION: Proposed collection; comment request.

SUPPLEMENTARY INFORMATION:

I. Abstract

The United States Patent and Trademark Office (USPTO) uses Public Key Infrastructure (PKI) technology to support electronic commerce between the USPTO and its customers. PKI is a set of hardware, software, policies, and procedures that provide important security services for the electronic business activities of the USPTO, including protecting the confidentiality of unpublished patent applications in accordance with 35 U.S.C. 122 and 37 CFR 1.14, as well as protecting international patent applications in accordance with Article 30 of the Patent Cooperation Treaty.

In order to provide the necessary security for its electronic commerce systems, the USPTO uses PKI technology to protect the integrity and confidentiality of information submitted to the USPTO. PKI employs public and private encryption keys to authenticate the customer's identity and support secure electronic communication between the customer and the USPTO. Customers may submit a request to the USPTO for a digital certificate, which enables the customer to create the encryption keys necessary for electronic identity verification and secure transactions with the USPTO. This digital certificate is required in order to access secure online systems that are provided by the USPTO for transactions such as electronic filing of patent
applications and viewing confidential [[Page 63135]] information about unpublished patent applications.

This information collection includes the Certificate Action Form (PTO-2042), which is used by the public to request a new digital certificate, the revocation of a current certificate, or the recovery of a lost or corrupted certificate. Customers may also change the name listed on the certificate or associate the certificate with one or more previously assigned Customer Numbers. A certificate request must include a notarized signature in order to verify the identity of the applicant. The Certificate Action Form also has an accompanying subscriber agreement to ensure that customers understand their obligations regarding the use of the digital certificates and cryptographic software. When generating a new certificate, customers may provide additional information for a set of security questions and answers that will enable customers to recover a lost certificate online without having to contact USPTO support staff.

II. Method of Collection

The Certificate Action Form must be notarized and may be mailed or hand delivered to the USPTO. The Certificate Self-Recovery Form is submitted online through the USPTO Web site.

IV. Request for Comments

Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology.

Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record.

DATES: Written comments must be submitted on or before December 22,
2008.

ADDRESSES: You may submit comments by any of the following methods:

• E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0045
  comment'' in the subject line of the message.
  
• Fax: 571-273-0112, marked to the attention of Susan
  Fawcett.
  
• Mail: Susan K. Fawcett, Records Officer, Office of the
  Chief Information Officer, Customer Information Services Group, Public
  Information Services Division, United States Patent and Trademark
  Office, P.O. Box 1450, Alexandria, VA 22313-1450.
  
• Federal Rulemaking Portal: http://www.regulations.gov.

Federal Register - Interim Extension of Patent No. 4,919,140

[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Notices]
[Page 62260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc08-42]
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE
[Docket No. PTO-P-2008-0042]
United States Patent and Trademark Office

Grant of Interim Extension of the Term of U.S. Patent No.
4,919,140; AndaraTM OFSTM System

AGENCY: United States Patent and Trademark Office.

ACTION: Notice of interim patent term extension.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 4,919,140.

FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571)272-7755; by mail marked to her attention and addressed to the Commissioner for Patents, Mail Stop Patent Ext., P.O. Box 1450, Alexandria, VA 22313-1450; by fax marked to her attention at (571) 273-7755, or by e-mail to Mary.Till@uspto.gov.

SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to a year if the regulatory review is anticipated to extend beyond the expiration date of the patent.

On September 29, 2008, the patent owner, Purdue Research
Foundation, timely filed an application under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. Patent No. 4,919,140. The patent claims the medical device AndaraTM OFSTM System and a method of using the AndaraTM OFSTM System. The application indicates that a Humanitarian Device Exemption, HDE 070002, for the medical device AndaraTM OFSTM System has been filed and is currently undergoing regulatory review before the Food and Drug Administration for permission to market or use the product commercially.

Review of the application indicates that except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for one year as required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review period will continue beyond the original expiration date of the patent(October 14, 2008), interim extension of the patent term under 35
U.S.C. 156(d)(5) is appropriate.

An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S.Patent No.4,919,140 is granted for a period of one year from the original expiration date of the patent, i.e., until October 14, 2009.

Dated: October 14, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E8-24881 Filed 10-17-08; 8:45 am]

BILLING CODE 3510-62-P

Rice University Number One in Patent Impact

Rice University ranked number one in the "Industry Impact" category among research universities according to the Chicago-based Patent Board. Impact is determined by analyzing references to universities and their patents in data from government and industry sources. Nanotechnology at Rice was particularly influential.

For more information see Rice Research Gets High Marks.

Federal Register - USPTO Performance Review Board Appointees

[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices][Page 59612-59613]
See the notice in the Federal Register at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr09oc08-62

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2008-0040]

Performance Review Board (PRB)
AGENCY: United States Patent and Trademark Office.
ACTION: Notice
-----------------------------------------------------------------------
SUMMARY: In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.

ADDRESSES: Director, Human Capital Management, Office of Human Resources, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

FOR FURTHER INFORMATION CONTACT: Karen Karlinchak at (571) 272-6200.

SUPPLEMENTARY INFORMATION: The membership of the United States Patent and Trademark Office Performance Review Board is as follows:

Margaret J. A. Peterlin, Chair, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.

Stephen S. Smith, Vice Chair, Chief Administrative Officer, United States Patent and Trademark Office.

John J. Doll, Commissioner for Patents, United States Patent and Trademark Office.

Lynne G. Beresford, Commissioner for Trademarks, United States Patent and Trademark Office.

Wendy R. Garber, Acting Chief Information Officer, United States Patent and Trademark Office.

James A. Toupin, General Counsel, United States Patent and Trademark Office.

Lois E. Boland, Director, Office of Intellectual Property Policy and Enforcement, United States Patent and Trademark Office.

Barry K. Hudson, Chief Financial Officer, United States Patent and Trademark Office.

Jefferson D. Taylor, Director, Office of Governmental Affairs, United States Patent and Trademark Office.

Deborah S. Cohn, Deputy Commissioner for Trademark [[Page 59613]]Operations, United States Patent and Trademark Office.

Margaret A. Focarino, Deputy Commissioner for Patent Operations, United States Patent and Trademark Office.

Kenneth Berman, Director of Information Technology, International Broadcasting Bureau.

Dated: October 1, 2008.

Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

Federal Register - USPTO Disciplinary Procedures

[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Rules and Regulations][Page 59513-59514]

The complete final rule is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr09oc08-15

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 10
[Docket No. PTO-C-2005-0013]
RIN 0651-AB55

Changes to Representation of Others Before the United States Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (Office) published a final rule in the Federal Register on August 14, 2008,adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations,disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office. This document corrects omissions in that final rule and amends the Rules of Practice for consistency with the final rule.

DATES: Effective Date: October 9, 2008.

FOR FURTHER INFORMATION CONTACT: Harry I. Moatz, Director of Enrollment and Discipline (OED Director), directly by telephone (571) 272-6069, by facsimile to (571) 273-6069 marked to the attention of Mr. Moatz, or by mail addressed to: Mail Stop OED--Ethics Rules, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Federal Register - Board of Patent Appeals and Interferences

[Federal Register: October 8, 2008 (Volume 73, Number 196)]
[Notices][Page 58943-58944]

Full comment request available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr08oc08-43

Submission for OMB Review; Comment Request

The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

Agency: United States Patent and Trademark Office (USPTO).

Title: Board of Patent Appeals and Interferences (BPAI) Actions.

Form Number(s): No forms.

Agency Approval Number: 0651-00xx.

Type of Request: New information collection.

Burden: 773,895 hours annually. In the future, once this proposed collection and 0651-0031 are approved by the OMB, the USPTO expects to move the notices of appeal and requests for oral hearing before the BPAI into this collection. The USPTO estimates that this will add a minimum of 5,719 hours per year to this collection.

Number of Respondents: 31,828 responses per year. The USPTO estimates that once the notices of appeal and requests for oral hearing before the BPAI are moved into this collection, a minimum of 28,595 responses will be added to this collection.

Avg. Hours Per Response: The USPTO estimates that it takes the public approximately 5to 30 hours to complete this information, depending on the brief, petition, or
request. This includes the time to gather the necessary information, prepare the briefs, petitions, and requests, and submit them to the USPTO. The USPTO estimates that it takes the public approximately 12 minutes (0.20 hours) to complete the notices of appeal and requests for oral hearing before the BPAI.

Needs and Uses: This collection of information is required by 35 U.S.C. 134,135,306, and 315 and is implemented through the appeal rules found in Part 41. The Board of Patent Appeals and Interferences was established under 35 U.S.C. 6(b). This collection permits applicants and registrants to prepare appeal and reply briefs which set forth the claims, issues, and arguments on appeal to the BPAI and permits the filing of petitions requesting extensions of time to respond to the agency, petitions requesting an increase in the page limit of a brief,and requests for rehearing before the BPAI. The BPAI uses the information to aid in rendering a decision on the claims, issues, and arguments outlined in the appeal and reply briefs and to determine whether the petitions for extensions of time, the petitions to increase the page limit of a brief, and requests for rehearings before the BPAI should be granted. There are no forms associated with the items in this collection, but they are governed by the rules in Part 41. The Board publishes its opinions and decisions for publicly available files on the USPTO Web site.

Affected Public: Primarily businesses or other for-profit organizations.

Frequency: On occasion.

Respondent's Obligation: Required to obtain or retain benefits.

OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas_A._Fraser@omb.eop.gov.

Dated: October 2, 2008.

Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group,

Federal Register - Statutory Invention Registration

[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices][Page 58572-58573]

Statutory Invention Registration
ACTION: Proposed collection; comment request.
The complete comment request is available at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr07oc08-56

I. Abstract

A statutory invention registration is not a patent. It has the defensive attributes of a patent but does not have the enforceable attributes of a patent. In other words, a person occasionally invents something solely for personal use (not for production or sale) and does not want to go through the effort and expense of obtaining a patent on the invention. At the same time, the inventor wants to prevent someone else from later obtaining a patent on a like invention. In that situation, the inventor can register a statutory invention and have it published. Once published, it cannot be claimed by another person.

35 U.S.C. 157 authorizes the United States Patent and Trademark Office (USPTO) to publish a statutory invention registration containing the specifications and drawings of a regularly filed application for a patent without examination, providing the patentee meets all the requirements for printing, waives the right to receive a patent on the invention within a certain period of time prescribed by the USPTO, and pays all application, publication and other processing fees.

The USPTO administers 35 U.S.C. 157 through 37 CFR 1.293-1.297. Under these rules, an applicant for an original patent may request, at any time during the pendency of the application, that the specifications and drawings be published as a statutory invention registration. Any request for a statutory invention registration may be examined to determine if all the conditions have been met, if the subject matter of the application is appropriate for publication, and if the requirements for publication are met.

The public may petition the USPTO to review rejection decisions within one month or other such time as is set forth in the decision refusing publication. The public may also petition the USPTO to withdraw a request to publish a statutory invention registration prior to the date of the notice of the intent to publish.

If the request for a statutory invention registration is approved,a notice to that effect will be published in the Official Gazette of the USPTO. Each statutory invention registration that is published will include a statement relating to the attributes of a statutory invention registration.

The public uses form PTO/SB/94, Request for Statutory Invention Registration, to request and authorize publication of a regularly-filed patent application as a statutory invention registration, to waive the right to receive a United States patent on the same invention claimed in the identified patent application, to agree that the waiver will be effective upon publication of the statutory invention registration, and to state that the identified patent application complies with the requirements for printing. No forms are associated with the petition for a review of the refusal to publish a statutory invention registration or the petition to withdraw the request for publication of a statutory invention registration.

National Medal of Technology

[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Notices][Page 57337-57338]
National Medal of Technology and Innovation Nomination Application

ACTION: New collection; comment request.
The complete comment request is available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr02oc08-39

SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on this new information collection (as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.3506(c)(2)(A)).


DATES: Written comments must be submitted on or before December 1,2008.

ADDRESSES: You may submit comments by any of the following methods:

• E-mail: Susan.Fawcett@uspto.gov. Include ``0651-00xx NMTI collection comment'' in the subject line of the message.
  
• Fax: 571-273-0112, marked to the attention of Susan K.Fawcett.
  
• Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

I. Abstract

The Competes Act of 2007 abolished the Technology Administration of the Department of Commerce as of August 9, 2007 (sec. 3002). The administration and nomination processing for the National Medal of Technology has been officially transferred by the Commerce Secretary to the United States Patent and Trademark Office (USPTO).

The USPTO is requesting the approval of the new version of the former Technology Administration's nomination form to be officially incorporated into the USPTO information collection inventory.

The National Medal of Technology is the highest honor awarded by the President of the United States to America's leading innovators. Established by an Act of Congress in 1980, the Medal of Technology was first awarded in 1985. The Medal is given annually to individuals, teams, and/or companies/divisions for their outstanding contributions to the Nation's economic, environmental and social well-being through the development and commercialization of technology products, processes and concepts, technological innovation, and development of the Nation's
technological manpower.

The purpose of the National Medal of Technology is to recognize those who have made lasting contributions to America's competitiveness, standard of living, and quality of life through technological innovation, and to recognize those who have made substantial contributions to strengthening the Nation's technological workforce. By highlighting the national importance of technological innovation, the Medal also seeks to inspire future generations of Americans to prepare for and pursue technical careers to keep America at the forefront of global technology and economic leadership.

The National Medal of Technology and Innovation Nomination Evaluation Committee, a distinguished, independent committee appointed by the Secretary of Commerce, reviews and evaluates the merit of all candidates nominated through an open, competitive solicitation process. The committee makes its recommendations for Medal candidates to the Secretary of Commerce, who in turn makes recommendations to the President for final selection. The National Medal of Technology and Innovation Laureates are announced by the White House and the Department of Commerce once the Medalists are notified of their selection.

The public uses the National Medal of Technology and Innovation Nomination Application to recognize through nomination an individual's or company's extraordinary leadership and innovation in technological achievement. The application must be accompanied by six letters of recommendation or support from individuals who have first-hand knowledge of the cited achievement(s).

Peer-to-Patent Program

The USPTO has launched a new program that may reduce patent litigation. The Peer-to-Patent program uses a limited number of volunteer applicants who have applications in the computer arts field. The applications will be posted on a Peer-to-Patent website to be analyzed by members of the public. This will help determine whether an invention already exists or is obvious. For a discussion of this new program, see the USPTO's statement and a CNN article.

Changes in Selected Patent Forms

[Federal Register: September 8, 2008 (Volume 73, Number 174)] [Notices] [Page 52028]

The complete comment request is available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr21au08-33

. . . The USPTO is revising the Power of Attorney and Correspondence Address Indication Form (PTO/SB/81) to include revocations of power of attorney and to eliminate the need for the separate form Revocation of Power of Attorney With New Power of Attorney and Change of Correspondence Address (PTO/SB/82). Consequently, Form PTO/SB/81 will be renamed ``Power of Attorney or Revocation of Power of Attorney With a New Power of Attorney and Change of Correspondence Address'' and Form PTO/SB/82 will be deleted from this collection.

The USPTO is revising another form in this collection, Request for Withdrawal as Attorney or Agent and Change of Correspondence Address (PTO/SB/83), to allow the practitioner requesting withdrawal to certify that proper notice has been given to the client and that all papers and property to which the client is entitled have been delivered. The USPTO is deleting two additional items from this collection. The electronic power of attorney forms that were previously included in this collection are being deleted due to the retirement of the USPTO's previous electronic filing system (EFS) software in favor of a new Web-based online submission system (EFS-Web). The Customer Number Upload Spreadsheet for PCT Applications is being deleted from this collection because it is no longer in use. Applicants seeking to associate an established PCT application with an existing Customer Number may submit a Request to Update a PCT Application With a Customer Number (PTO-2248).

Affected Public: Individuals or households, businesses or other for-profits, and not-for-profit institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: David Rostker, (202) 395-3897.

Copies of the above information collection proposal can be obtained by any of the following methods:

• E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0035 copy request'' in the subject line of the message.
• Fax: 571-273-0112, marked to the attention of Susan Fawcett.
• Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Written comments and recommendations for the proposed information collection should be sent on or before October 8, 2008 to David Rostker, OMB Desk Officer, Room 10202, New Executive Office Building, 725 17th Street, NW., Washington, DC 20503.

Technology and Innovation Medal Winners

On September 29, 2008 President Bush will present six individuals and two corporations with the Medal of Technology and Innovation, "the nation's highest honor for technology and scientific achievement." To view a list of the winners and learn more about their innovations, see the August 25, 2008 press release from the U.S. Department of Commerce.

New USPTO Online Continuing Education Program

The USPTO is piloting an online continuing education program for patent practitioners. The CEP (Continuing Education for Practitioners) plans to present brief (about one hour) sessions about such topics as recent rule changes, revised patent examination guidelines, etc. Practitioners agree to complete one CEP program a year.

See the Aug. 18 news release for more information.

Federal Register - Comments on Payment Options

[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Notices]
[Page 49444-49446]

Complete comment request available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr21au08-33

Abstract

Under 35 U.S.C. 41 and 15 U.S.C. 1113, the United States Patent and Trademark Office (USPTO) charges fees for processing and other services related to patents, trademarks, and information products. Customers may submit payments to the USPTO by several methods, including credit card, deposit account, electronic funds transfer (EFT), and paper check
transactions. The provisions of 35 U.S.C. 41 and 15 U.S.C. 1113 are implemented in 37 CFR 1.16-1.28, 2.6-2.7, and 2.206-2.209.

This information collection includes the Credit Card Payment Form (PTO-2038), which provides the public with a convenient way to submit a credit card payment for fees related to a patent, trademark, or information product. Customers may also submit credit card payments via the Electronic Credit Card Payment Form (PTO-2231) when using online systems through the USPTO Web site for paying fees related to patents, trademarks, or information products.

The USPTO will not include credit card information submitted using the credit card payment forms among the patent or trademark records open to public inspection.

Customers may establish a deposit account for making fee payments by completing a Deposit Account Application Form (PTO-2232) and sending the required information, initial deposit, and service fee to the USPTO. Deposit accounts eliminate the need to submit a check, credit card information, or other form of payment for each transaction with the USPTO. Additionally, in the event that a fee amount due is miscalculated, customers may authorize the USPTO to charge any remaining balance to the deposit account and therefore avoid the potential consequences of underpayment. As customers use their deposit accounts to make payments, they may deposit funds to replenish their accounts by mailing a check to the USPTO or making a deposit online via EFT using the Electronic Deposit Account Replenishment Form (PTO-2233) available at the USPTO Web site. Replenishments may not be made by credit card. Customers may also close their deposit accounts by submitting a written request or by using the Deposit Account Closure
Request Form (PTO-2234).

In addition to credit cards and deposit accounts, customers may also use EFT to make online fee payments to the USPTO. Customers must first establish a user profile with their banking information by submitting the EFT User Profile Form (PTO-2236) through the USPTO Web site. Once their profile is created, customers may use their User ID and password to perform EFT transactions.

Under 37 CFR 1.26 and 2.209, the USPTO may refund fees paid by mistake or in excess of the required amount. For refund amounts of $25 or less, customers must submit a written request to the Refund Branch of the USPTO Office of Finance.

In order to access and manage their financial activity records online, customers may create a Financial Profile through the USPTO web site. Customers create a profile by registering a username and password, providing contact information, and specifying the types of notifications and alerts they would like to receive. After establishing a Financial Profile, customers may then add the relevant account information to the profile in order to track their credit card, deposit account, and EFT transactions with the USPTO.

DATES: Written comments must be submitted on or before October 20,
2008.

ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0043
comment'' in the subject line of the message.

Fax: 571-273-0112, marked to the attention of Susan Fawcett.

Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Federal Rulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Tamara McClure, Office of Finance, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-6345; or by e-mail to Tamara.McClure@uspto.gov.

Federal Register Final Rule - Patent Fees

[Federal Register: August 14, 2008 (Volume 73, Number 158)][Rules and Regulations] [Page 47534-47542]

Complete rule available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr14au08-5

Revision of Patent Fees for Fiscal Year 2009

SUMMARY: The United States Patent and Trademark Office (Office) is adjusting certain patent fee amounts for fiscal year 2009 to reflect fluctuations in the Consumer Price Index (CPI). The patent statute provides for the annual CPI adjustment of patent fees set by statute to recover the higher costs associated with doing business. In addition, the Office is correcting the addresses for maintenance fee payments and correspondence, and deposit account replenishments.

DATES: Effective Date: October 2, 2008.

FOR FURTHER INFORMATION CONTACT: Walter Schlueter by e-mail at Walter.Schlueter@uspto.gov, by telephone at (571) 272-6299, or by fax at (571) 273-6299.

Federal Register Final Rule - Disciplinary Investigations

[Federal Register: August 14, 2008 (Volume 73, Number 158)] [Rules and Regulations] [Page 47649-47704]

Complete rule available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr14au08-10

Changes to Representation of Others Before the United States Patent and Trademark Office; Final Rule

SUMMARY: The United States Patent and Trademark Office (Office) is adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations, disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office. The Office is adopting a new rule regarding recognition to practice before the Office in trademark cases. The Office also is adopting a new rule to address a practitioner's signature and certificate for correspondence filed in the Office. These changes will enable the Office to better protect the public from practitioners who do not comply with the Office's ethics rules and from incapacitated practitioners.

DATES: Effective Date: September 15, 2008.

FOR FURTHER INFORMATION CONTACT: Harry I. Moatz ((571) 272-6069), Director of Enrollment and Discipline (OED Director), directly by phone, by facsimile to (571) 273-6069 marked to the attention of Mr. Moatz, or by mail addressed to: Mail Stop OED-Ethics Rules, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Federal Register Proposed Rule - Patent Applications

[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Notices] [Page 45999-46000]

Complete notice available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr07au08-45

Clarification of Patent Regulations Currently in Effect, and Revision in Applicability Date of Provisions Relating to Patent Applications Containing Patentably Indistinct Claims

SUMMARY: The United States Patent and Trademark Office (USPTO) is publishing this notice to clarify which patent-related regulations are currently in effect. The USPTO is identifying the applicability date of those regulatory provisions relating to applications containing patentably indistinct claims which are enjoined in Tafas v. Dudas, 530 F. Supp. 2d 786 (E.D. Va. 2008). Should the injunction be lifted, those regulations will apply only to applications filed on or after any new effective date that would be published by the USPTO in the future.

DATES: Effective Date: August 7, 2008.

FOR FURTHER INFORMATION CONTACT: The Office of Patent Legal Administration, by telephone at (571) 272-7704, or by e-mail at PatentPractice@uspto.gov.

Federal Register Proposed Rule Regarding Facsimiles

(The complete rule is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr06au08-23.)

[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Page 45662-45673]
Changes to Practice for Documents Submitted to the United States
Patent and Trademark Office

SUMMARY: The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice to limit the types of correspondence that may be submitted to the Office by facsimile. The Office is also proposing an increased minimum font size for use on papers submitted to the Office for a patent application, patent or reexamination proceeding. The proposed changes will improve the legibility of documents in the Office's files of patent applications and reexamination proceedings.

DATES: Written comments must be received on or before October 6, 2008. No public hearing will be held.

ADDRESSES: Comments should be sent by electronic mail over the Internet addressed to AC27.comments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Raul Tamayo, Legal Advisor, Office of Patent Legal Administration (OPLA). Although comments may be submitted by mail, the Office prefers to receive comments via the Internet. Comments may also be sent by electronic mail message over the Internet via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web site(http://www.regulations.gov) for additional instructions on providing comments via the Federal eRulemaking Portal.

The comments will be available for public inspection at the Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, currently located at Room 7D74 of Madison West, 600 Dulany Street, Alexandria, Virginia and will also be available through anonymous file transfer protocol (ftp) via the Internet (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or a telephone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Hiram H. Bernstein ((571) 272-7707), Senior Legal Advisor, or Raul Tamayo, Legal Advisor, ((571) 272-7728), Office of Patent Legal Administration, Office of Deputy Commissioner for Patent Examination Policy, directly by telephone, or by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of the Office of Patent Legal Administration.

For information regarding reexamination issues, contact Stephen Marcus ((571) 272-7743) or Kenneth Schor ((571) 272-7710), Senior Legal Advisors, Office of Patent Legal Administration, Office of Deputy Commissioner for Patent Examination Policy.

Patent Attorney/Agent Information

A new non-governmental service provides data about patent attorneys/agents registered with the United States Patent and Trademark Office (USPTO). Patent Buddy provides employee snapshots and information about attorneys/agents' experience histories back to 2001 (soon back to 1982) including which patents they have prosecuted. It includes social networking features such as the ability to create a "buddy list" of colleagues and contacts as well as to network with attorneys and agents. The advanced search makes it possible to search by name, registration number, organization, city, state/province, and zip code.

USPTO Training Videos

The United States Patent and Trademark Office (USPTO) has unveiled a new feature on its Inventors Resource page. Computer-based training is now available. The premier video training session is entitled “From Concept to Protection.” This video talks about such things as the inventor's notebook, a nondisclosure agreement, a provisional application, a non-provisional application, a design application, foreign filing, and the Patent Cooperation Treaty.

Other short training videos will be added in the future to the Inventors Resource page under computer based training.

Proofread Your Patent

In the January 2008 issue of India Business Law Journal made available on the Web by Clairvolex Knowledge Processes Pvt. Ltd., Jain Rinky stresses the importance of proofreading your patent even after it has been granted. In Proofreading Vital When Filing Patents he states that a USPTO study revealed almost all issued patents have at least one error either made by the applicant or by the USPTO. An error could possibly weaken the claims of the patent and delay enforcement by the courts "until the error is corrected and a Certificate of Correction (CoC) is obtained from the USPTO." He gives specific examples of problems caused by lack of proofreading.

Inventors Conference Online

For those who cannot attend in person the 2008 United States Patent and Trademark Office's Independent Inventors Conference this Friday and Saturday (Aug. 8-9, 2008), the general sessions will be webcast live. Log on to the USPTO's website, www.uspto.gov at 8 a.m. on Friday and follow the viewing instructions.

Speakers at the general session include John Doll, Commissioner for Patents; Thom Ruhe, Director of Entrepreneurship for the Kauffman Foundation; inventor Julia Rhodes, President of Kleen Slate Concepts; and Louis Foreman, creator and producer of Everyday Edisons, an Emmy Award winning PBS series.

(A video of the session is now available at https://uspto.connectsolutions.com/conceptprotection/ [Adobe Acrobat Connect Presentation].)

Children Inventors - Yes!

According to a July 31, 2008 press release, the National Inventor's Hall of Fame Foundation (NIHFF) and the United States Patent and Trademark Office (USPTO) have joined forces in a public service advertisement (PSA) campaign designed to encourage children to become inventors. Children can access a comprehensive website, www.InventNow.org to "explore their inventive interests in space, sports, design and entertainment." At the site children can see what other children have invented, play interactive games, and access an inventor's tool kit.

New Search Feature on USPTO site

The red P icon on results lists of patent searches of the United States Patent and Trademark Office (USPTO) website has been a quick and easy way of generating a list of patents with a particular class and subclass. Now another convenient feature has been added, this time to make searching patent applications easier. If a searcher is viewing the html version of a class schedule, he or she may now click on the blue "A" icon next to a particular subclass in order to create a results list of all published patent applications for that class/subclass.

Since applications are public disclosures of inventions, they are relevant to prior art searching even if an application is eventually rejected for a patent. More background information about patent applications is available at http://www.uspto.gov/web/offices/pac/doc/general/index.html#pub .

Second Annual Inventors Tradeshow - Houston

On Wednesday, Aug. 13, 2008 the Houston Inventors Association and the University of Houston Small Business Development Center are hosting the Second Annual Inventors Tradeshow at the Bayland Park Community Center Building, 6400 Bissonnet from 5 to 9 p.m. A list of speakers and more information about displaying an invention is available at http://www.inventors.org/HIA-UHSBDC-Tradeshow.html or from the Houston Inventors Association or the University of Houston Small Business Development Center.

New Ohio Historical Patent Database

Librarians in Ohio have premiered their Miami Valley Inventors Historical Database covering the period 1814-1875 for the following 11 counties around Dayton, Ohio: Butler, Champaign, Clark, Darke, Greene, Logan, Miami, Montgomery, Preble, Shelby and Warren. It contains bibliographic information on over 1800 patents and includes cities and towns, attorneys of record, estate administrators, assignments, and biographical notes of a few inventors.

Foreign Filing Licenses

The Federal Register just released the following notice about foreign filing licenses:

SUMMARY: Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the United States Patent and Trademark Office (USPTO), such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.

DATES: Effective Date: July 23, 2008.

FOR FURTHER INFORMATION CONTACT: Mike Carone, Supervisory Patent Examiner, Technology Center 3600, by telephone at (571) 272-6873.

SUPPLEMENTARY INFORMATION: The USPTO has become aware that a number of law firms orservice provider companies located in foreign countries are sending solicitations to U.S. registered patent practitioners offering their services in connection with the preparation of patent applications to be filed in the United States. Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the USPTO, such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances. See
MPEP Sec. 140 (8th ed., Rev. 5, Aug. 2006). The BIS has promulgated the Export Administration Regulations (EAR) governing exports of dual-use commodities, software, and technology, including technical data, which are codified at 15 CFR Parts 730-774. Furthermore, if the invention was made in the United States, technical data in the form of a patent application, or in any form, can only be exported for purposes related to the preparation, filing or possible filing and prosecution of a foreign patent application, after compliance with the EAR or following the appropriate USPTO foreign filing license procedure. See 37 CFR 5.11(c). A foreign filing license from the USPTO does not authorize the exporting of subject matter abroad for the preparation of patent applications to be filed in the United States.

The Commissioner for Patents has been delegated the authority for controlling exports of technology for purposes of the filing of patent applications in foreign countries. See 15 CFR 734.3(b)(1)(v) and 734.10(b) and 35 U.S.C. 184. The USPTO grants foreign filing licenses in accordance with USPTO regulations. See 37 CFR Part 5. The scope of a foreign filing license granted by the USPTO is set forth in 37 CFR5.15. Applicants and registered patent practitioners are also advised that foreign filing licenses (for the filing of a patent application in a foreign country) do not authorize the export of any technology that is not specifically submitted to the USPTO as part of a U.S. patent application or a petition for a foreign filing license. For example, the USPTO has received short abstracts, PowerPoint[supreg] slides and even titles of inventions as the disclosure for which a foreign filing license is requested. Although the USPTO will usually process such requests, any foreign filing license granted under 37 CFR 5.15(a) or 5.15(b) on such short description may not authorize filing abroad the ultimate resulting patent applications and may not authorize any additional material added after the initial foreign filing license request. Such additional material that was not submitted to the USPTO for its review may be deemed to have altered ``the general nature of the invention in a manner which would require such application to be made available for inspection under such section 181.'' See 35 U.S.C. 184. The USPTO has established a Licensing and Review Web page on its Web site that includes frequently asked questions regarding foreign filing licenses and related matters. This Web page is located at http://www.uspto.gov/web/offices/pac/dapp/opla/lr/licensing_review.htm.
This notice does not change existing law or regulations. Thus,while the notice is effective on July 23, 2008, this notice does not excuse or otherwise affect the legal consequence of a failure to comply with existing law or regulations that occurred prior to July 23, 2008.
Information regarding the EAR may be obtained from the BIS Web site at http://www.bis.doc.gov. Questions regarding the EAR should be directed to the BIS's Outreach and Educational Services Division at(202) 482-4811.

Dated: July 16, 2008.

Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. E8-16830 Filed 7-22-08; 8:45 am] BILLING CODE 3510-16-P

New Trademark Search Tools

The USPTO has recently added two new features to TESS (Trademark Electronic Search System). An announcement from the USPTO states:

First, the new Image List feature allows the user to display the mark drawings for the search hits. Drawing images are displayed in three columns. After completing a search, use the “Image List” button at the top of the page to view search results using this new feature. By selecting a drawing via a mouse click, the user can also toggle to the document display for that the selected mark. Returning to the Current List from the document display returns the user to the last used view of the search hit list, the text view or the images view. Information is available in the TESS Help File under the topic Record List Display.

Second, multiple searches can now be submitted at a single time using the Free Form search screen. Multiple searches can be conducted by merely separating each search with a semicolon (;). For example, the three searches HELLO[BI,TI]; WORLD[BI,TI]; S1 AND S2; could be submitted as a first search of a session. All three searches will be performed, and an intermediate Multiple Searches screen appears with the results of each search. The user may then select which search results to review. Information is available in the TESS Help File under the topic Multiple Searches.

Independent Inventors Conference, Aug. 8-9, Alexandria, VA

The United States Patent and Trademark Office (USPTO) along with the National Inventors Hall of Fame Foundation is sponsoring the 13th annual Independent Inventors Conference at the USPTO in Alexandria, Virginia, on Aug. 8-9. The registration fee is $100 and includes a pre-conference workshop for beginners on Aug. 7 from 5 to 7 p.m. to learn about intellectual property protection and the basics of patents. In addition to sessions and presentations, the registration fee includes morning and afternoon refreshments, lunch both days, and a networking reception on Friday night.

Speakers include Deputy Under Secretary of Commerce Margaret Peterlin, Commissioner for Patents John Doll, and Louis Foreman, executive producer and creator of Everyday Edisons, an award-winning PBS show.

Registration is available online. The online registration form also includes links at the top about topics, speakers, directions, lodging, and agenda. For additional information about the conference call 571-272-8850.

Patent Fee Increases

If a proposed rule in the Federal Register passes, patent fees for FY2009 are scheduled to be adjusted upward according to fluctuations in the Consumer Price Index (CPI). That increase is currently predicted to be 4.0 percent.

According to the Federal Register, comments about the proposed rule must be received on or before July 3, 2008 and must include the RIN number RIN 0651- AC21. Any of the following methods are acceptable ways of commenting:

• Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
  
• E-mail: Walter.Schlueter@uspto.gov. Include RIN number RIN 0651-AC21 in the subject line of the message.
  
• Fax: (571) 273-6299, marked to the attention of Walter Schlueter.
  
• Mail: Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Walter Schlueter.

For further information contact Walter Schlueter by e-mail at Walter.Schlueter@uspto.gov, by telephone at (571) 272-6299, or by fax at (571) 273-6299.

Preparing a Patent Application

Many new inventors are asking about LegalZoom, a website that helps inventors file a Provisional Patent or a Trademark and then offers an "Attorney Service Package" to file a full patent application. Patent Baristas provides some worthwhile discussion about this service. Especially note the warning about adequately describing all the elements of an invention in the Provisional Patent to ensure a priority filing date.

The more informed an inventor is before filing an application, the less likely he/she will make a costly mistake. Patent Depository Libraries offer patent searching classes and resources to help inventors understand the whole patent process before making a hasty decision that might be regretted in the future. The United States Patent and Trademark Office (USPTO) Web site also offers guides and services (including a list of certified patent agents and attorneys) to help inventors through the patenting process.

Chat with USPTO Officials

On Tuesday, April 15th, from 2 to 3 p.m. (EST) senior officials from the United States Patent and Tradmark Office (USPTO) are offering independent inventors a chance to ask them questions via live chat. Instructions for signing up for the chat will be posted on the home page of the USPTO web site http://www.uspto.gov/ at 10 AM that morning. Inventors can begin logging on for the chat at 1:30 p.m.

Transcripts and frequently-asked questions from previous chats are also available on the Independent Inventors page.

According to the USPTO, "the independent inventor online chat is part of the USPTO's continuing efforts to promote and protect America's independent inventors. . . including educating inventor-entrepreneurs about the risks of working with invention development companies."

Complaints Against Invention Promotion Companies

A dilemma new inventors seeking help from invention promotion companies often face is how to chose a reliable and honest company. Help is available from the USPTO's complaint section. In order to comply with the American Inventors Protection Act of 1999, the USPTO publishes both complaints and responses from invention promotion firms. The site also contains a link to the Federal Trade Commission's consumer alert entitled "Spotting Sweet-Sounding Promises of Fraudulent Invention Promotion Firms."

USPTO China Roadshow

According to the USPTO, China ranked number one among countries that had counterfeit goods seized by the U.S. Customs and Border Protection in 2007. The USPTO will address this problem in a free two-day seminar for businesses on April 2-3 in Houston, Texas from 8:30 a.m.-5:30p.m. at the Houston Hobby Airport Marriott Hotel, 9100 Gulf Freeway. Called the USPTO China Road Show, the seminar offers presentations on "protecting and enforcing patents, trade secrets, trademarks, and copyright in China as well as real-life experiences and practical tips from companies on the frontline of protecting their IP assets from theft from China. " The seminar is free and open to all, but registration is required.

Hiring Practices Not Reducing Patent Application Backlog

The GAO (General Accounting Office) released a report on February 27, 2008 entitled: U.S. Patent and Trademark Office: Hiring Efforts Are Not Sufficient to Reduce the Patent Application Backlog . The report indicates that attrition is offsetting hiring efforts with one patent examiner leaving the USPTO for approximately every two hired during the period 2002-2006. The newly hired examiners leave at the highest rate. Seventy percent of those who left had been at the agency for less than five years.

One of the chief reasons for leaving appears to be production goals formulated over 30 years ago that do not reflect the complexity of today's applications. Seventy percent of patent examiners worked unpaid overtime last year to meet their production goals. On the other hand, the USPTO's retention policies introduced between 2002 and 2006 are cited by those who chose to stay. The examiners who remained on the job liked the USPTO's salary and pay incentives and the flexible work schedule.

Have Invention - What Now?

Are you one of those inventors who has exhausted all your energy by developing your idea into a concrete form and searching to be sure no one else has beaten you to the punch? Are you totally lost when it comes to developing a business plan, getting a loan, or formulating a marketing strategy? The Mississippi Small Business Development Center has created downloadable videos covering the following topics: Total Quality Service; Marketing I, II, and III; Understanding and Using Financial Ratios; Home Based Business; Idea to Market - Guidance for Inventors; Legal Structure; First Steps; Developing a Business Plan; Developing Cash Flow Statements; What the Banker Wants; Accounting by the Numbers; Basics of Exporting; Basics of Importing; Getting the Most for Your Advertising Dollars; and Secrets to Saving Your Business.

Other agencies also provide helpful resources. SCORE (Service Corps of Retired Executives) has online resources linked by subject and by categories of entrepreneurs: 50-plus, women, veterans, minority, young, and manufacturers. The Houston branch of the SBA (Small Business Administration) offers Webinars, newsletters, electronic applications, and a Houston Resource Guide 2008. The University of Houston's Small Business Development Center offers complimentary professional business consulting and reasonably priced seminars and workshops. The City of Houston's One Stop Business Center offers free "Starting a Small Business" seminars at local libraries, multi-service centers, and schools in addition to their online materials. Last but not least, the Houston Inventors Association has meetings on Wednesday evenings twice a month featuring a whole host of topics of interest to inventors/manufacturers/product scouts, etc. Check their Web site also for helpful online resources such as the Online Tradeshow for Buyers of New Inventions.